LUTAI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from jail by Lugar against his conviction and sentence to undergo 6 years' R. I. under Section 304, I, P. C. According to the prosecution case the deceased and the accused are real brothers. In consolidation operations the land belonging to these brothers was cartitioned in this way that northern portion was given to the accused, while southern portion was given to the deceased. The deceased had started residing at his father-in-law's place in village Amriya while the ancestral land is situate in village Murchawa. It appears that the deceased did not find southern portion of any productive value and, therefore, he desired that northern portion may be given to him which was in his possession earlier to the consolidation operations. The accused, however, did not agree to this proposal. In 'asadh' before this incident the deceased is laid to have come to this village on 26th |uly, 1972 at about 9 p. m. and soon thereafter there was an exchange of hot words between the accused and the deceased and ultimately the accused is said to have given two lathi blows upon the deceased on account of which the deceased fell down and became unconscious. F. I. R. of this incident was lodged by Orilal on 27th July, 1972 at about 8. 30 p. m. The distance between the village and the police station is about two miles-The case was registered under Section 308 I. P. C. It appears that some sort of first aid was given to the deceased. Ultimately the deceased succumbed to his injuries and consequently the case was amended as one falling under Section 304, I. P. C

(2.) INVESTIGATION was done in the usual manner. The body of the deceased was sent for autopsy which was done on 1st August, 1973 by Dr. B D Misra. The following ante-morteno injuries were found upon the deceased:

(3.) ACCORDING to the opinion of Dr, B. D. Misra death was caused due to shock and haemorrhage from the injuries noted above-